Where a jury convicts on a count for which no evidence was led, that error alone does not necessarily taint the remaining guilty verdicts if the affected count relates to a discrete episode separate from the remaining convictions. A trial judge's significant misstatement of evidence in the summing up constitutes a miscarriage of justice under s 668E(1) Criminal Code even where no redirection was sought by counsel. The s 348 Criminal Code direction on consent need not include an explanation of 'exercise of authority' or an express direction on the causal link between exercise of authority and consent where those matters are self-evident from the direction given.
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